ANOOP KUMAR NIRANJAN Vs. STATE OF U P

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Shri R. C. Maurya, learned counsel for petitioner and Shri Mahendra Pratap for respondent Nos. 2 and 3. Learned standing counsel appears for State respondent.

(2.) THE parties have exchanged affidavits. With their consent the writ petition was heard, and is decided at the admission stage.

(3.) SHRI R. C. Maurya, learned counsel for petitioner submits that 3% of the total 351 P. G. seats will be 10. 53 seats, i. e. , 11 seats and not 9 seats. In case 351 seats in M. D. /m. S. Diploma holder and 12 seats for M. D. S. are clubbed together, then there will be a total of 366 available seats and that the last seat will fall to the category of physically handicapped on the roster point. Thus, total 11 seats had to be provided to the physically disabled persons. The respondents have acted illegally in allotting only 9 seats to the physically disabled persons. In the alternative he submits that even if K. G. Dental Sciences University is treated as a separate unit, the respondents were required to allot at least one seat in every three years to physically disabled persons and that after 1995 no seat was allotted to physically disabled person. This year at least one seat ought to be allotted to the physically disabled person. By the Government order dated 29. 9. 2006 the reservation has to be applied by clubbing the total seats of post graduate course in Government Medical Colleges, King Georges Medical University and King Georges Dental Sciences University. In substance SHRI Maurya submits that the M. D. S. course should not be separated artificially for applying reservation to the available seats and that clubbing 12 seats of M. D. S. course to 351 seats. 3% reservation will come to 11 and not 9 seats and further with the enforcement of (The) Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (In short the Disabilities Act, 1995) (Act No. 1 of 1996) the seats should be allotted to physically disabled candidates by clubbing the seat on yearly basis. He submits that the failure to apply reservation every year will virtually deprive the physically disabled candidates from horizontal reservation forever.